CITY OF TAUNTON
ZONING BOARD OF APPEALS
APRIL 9, 2015 – 6:00 pm.
(held at Maxham School, 141 Oak St, Taunton, Ma.)
Members Present: Dennis Ackerman, Wayne Berube, Steven Vieira, Michael Staples , George Moniz , Joseph Amaral and Steven Figueiredo.
Meeting opens at 6;08 pm.
Wayne made motion accept minutes of March 12, 2015, seconded by Joe. All in favor.
Cont’d. Case #3267 Stevenson 9 Woodlawn St.
For: A Variance from Section 6.2 & 6.3 of the Zoning Ordinance for the re-division & re-configuration of a parcel of land which have merged for zoning purposes into 2lots. Lot 1 containing the existing house having 90 feet of frontage & lot width (instead of 125’ of frontage & 100’ lot width) and 12,115 sq .ft. of lot area and dry area (instead of 30,00 sq. ft. lot area & 22,500 sq. ft. dry area) and Lo t 2 having 90 feet of frontage & lot width (instead of 125’ of frontage & 100’ of lot width) with 13,008 sq. ft. of lot area & dry area (instead of 30,000 sq. ft. of lot area & 22,500 sq. ft. of dry area.
For the Petitioner: Atty. Matthew Costa, Gay & Gay, P.C, P. O. Box 988, Taunton, Ma.
In favor: Petition signed by 6 abutter
Opposed: Richard Murray, 10 Woodlawn St, E. Taunton, Ma.
Atty. Costa thanked the Board for the continuance to allow them time to submit more detailed plans. There is no change to the lot size but they do have the particular house shown on plans. The abutter who had a concern (he lives across street) the house would be 55 feet setback from his house. Atty. Costa stated the petitioner’s son is going to live at 9 Woodllawn St. with his family. The petitioner is planning on living in new house. Wayne asked when do they plan on starting construction? Petitioner stated he would need to sell his house he lives in now. Wayne informed him the variance is only good for one year, Wayne stated he is relying on his testimony which he takes as extremely creditable and he takes that into consideration. Petitioner stated he naturally
assumed it was a buildable lot and they have been paying taxes on it. Joe stated the new plans at least show more details and now we know who will live there. No one in favor or opposed. Letters from Conservation Commission, B.O.H., City Engineer were read into the record. Wayne stated he‘s glad they moved house back further to appease abutter. The presentation was a single story ranch style house as proposed on the new plan.
Motion made and seconded to grant with the following conditions:
- The plans dated Jan. 16, 2015 and revised April 8, 2015 is the plan of record.
- The single family house on Lot 2 shall be a single story ranch style home as presented and shown on plans with proposed setbacks.
Vote: Staples, Amaral, Berube, Vieira, Figueiredo ........ ………Yes
Petition Granted.
Case #3268 Taunton Service Center 48 Broadway
For: A Special Permit from Section 6 5.3.4 for the addition of auto sales retail in conjunction with the existing uses of convenience store, service station, and gasoline station.
For the Petitioner: Atty. John-Paul Thomas, 98 County Street, Taunton, Ma.
In favor: None
Opposed: None
Joe disclosed that he works for Atty. Thomas’s brother but has no conflict so he can vote on matter. Atty. Thomas states he is requesting a Special permit to add auto sales retail to the existing site. Chairman Ackerman said presently you have wholesale which doesn’t allow vehicle displayed. They are proposing to place display car on the westerly side of the property to sell to the general public. Chairman Ackerman read the City Planner’s letter into the record. George said the traffic flow is quick here. It was stated if they should reduce number of display vehicles if no third bay. Several Board members didn’t think this would need a Site Plan Review and wanted to recommend they be allowed to follow the original one. Letters from Conservation Commission,
B.O.H., City Engineer were read into the record.
Motion made and seconded to grant with the following conditions:
- Maximum number of vehicles on display for sale is Seven (7) with no 3rd auto repair bay.
The ZBA recommends they be allowed to follow the original site plan review.
Vote: Ackerman, Vieira, Moniz, Staples, Amaral, ........ …Yes
Petition Granted.
Case #3269 St. Germain Winthrop St. (89-188)
For: Variance from Section 6.2 & 6.3 for the division of one lot into two lots with Lot 2 having 50.02 feet of frontage & 50 feet of lot width (instead of 100’)
For the Petitioner: Paul Patneaude, P.E., Earth Services Corp., 198 Crane Ave. So., Taunton, Ma.
Matt St. Germain, 164 Somerset Ave., Taunton, Ma.
In favor: None
Opposed: None
Wayne disclosed the petitioner has been a client of his but he currently has no matters with him and therefore no conflict. Paul stated the parcel is 6.5 acres and is unique because it is zoned Highway Business in front and Rural Residential in rear. The petitioner proposes to construct a single family home in the rear part and has gone through the Conservation Commission process. He wishes to use the portion for commercial purposes and put house in back. Joe asked what was the cost when sewer went in? Mr. St.Germain answers $95,000 Joe stated he didn’t think it was fair he was accessed that much and still must come here for zoning approval. Mr. St.Germain stated he has invested about $300.000 in improvements. He stated he talked to Joe Fredericko
from Sewer and he explains how to use formula but Mr. St. Germain still doesn’t understand.Mr. St.Germain say she pays about $1,500 monthly for taxes. The Board said the Assessor taxes you on potential lots and it’s not fair. Chairman Ackerman suggests cutting out another lot since you are going to be paying all that money in sewer fees. There was some discussion about how the City can charge for that. Mr. St. Germain states he only wishes, tonight to ask for what he asked for. Chairman Ackerman stated if he wants to come back by September for another lot they will waive filing fees. Dept. letters from City Planner, Conservation Commission, B.O.H., City Engineer were read into the record.
Motion made and seconded to grant as Presented:
Vote: Ackerman, Staples, Amaral, Berube, Vieira, ........ …Yes
Petition Granted.
Case #3270 Brophy 475 Crane Ave. So.
For: A Variance from Section 6.2 & 6.3 for the division of one lot into two lots resulting in Lot 1A having 0 feet of frontage & lot width and Lot 1B having 27.70 feet of frontage & lot width (instead of 150’ frontage & 100’ of lot width) (previous variance expired.)
For the Petitioner: Paul Patneaude, P.E., Earth Services Corp., 198 Crane Ave. So., Taunton, Ma.
In favor: Henry Arsenault, 392 Crane Ave. So., Taunton, Ma.
Opposed: None
Paul stated this variance was granted but just recently expired. It’s the exact same thing. The Board was aware of the previous variance and has no issues. Henry Arsenault, 392 Crane Ave. South in favor.
Dept. letters from City Planner, Conservation Commission, B.O.H., City Engineer were read into the record.
Motion made and seconded to grant with the following condition:
- That the recorded copies of the access easements including maintenance and snow plowing responsibilities be provided to the ZBA Office prior to any building permits.
Vote: Ackerman, Staples, Amaral, Berube, Vieira, ........ …Yes
Petition Granted.
OTHER BUSINESS: Green Pine Town Homes – Request to release bldg. #5 - Currently 4 bldgs (12 units) released, holding $49,749.60
Requesting to withdraw request. - NO ACTION TAKEN.
Meeting adjourned at 6:48 pm.
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